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Bicameral Commission Special Research Submarine Ara San Juan - Creation - Full Text Of The Norm


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Law 27433


The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force


ARTICLE 1. Consider the Bicameral Special Investigative Commission on the Disappearance, Search and Rescue Operations of the Submarine ARA San Juan, which will aim to analyze, evaluate and clarify the causes and circumstances of the sinister of the vessel, the development of the actions carried out by the Argentine State for its discovery and the performance of the international cooperation received for its location and rescue.

ARTICLE 2. The Special Investigative Commission shall consist of six (6) national deputies and six (6) national senators, appointed by the presidents of each chamber, respectively, respecting the plurality of the representation of both chambers.

It will have one (1) president and one (1) vice president, who will be elected by the commission. The committee's quorum is made up of the simple majority of its members. Decisions will be made by a majority of those present.

ARTICLE 3. The Special Investigative Bicameral Commission will designate a body of specialists, consisting of five (5) members who will be retired military members of the Argentine Navy without prosecutions or convictions for crimes against humanity, with a degree not less than Rear Admiral, and/or civilians with recognized trajectory and expertise in national defence. The body of specialists will assist, collaborate and advise the Commission and its members will develop their ad-honorem tasks.

ARTICLE 4. To carry out its mission, the Special Investigative Bicameral Commission shall have the following powers:

1. Request through your president reports, documents, background and any other element that you deem useful, any public agency or public or private natural or legal persons. In the event that the information is requested from public agencies, the responsible officials shall provide the information within the term set for them, subject to the notice of the provisions of Chapter 11 of Law 25,188. To that end, no provision may be made to establish the secret of what is required.

2. Order the summons of public officials and take testimony to them, which will be delivered at least with the presence of three (3) members, and receive any verbal or written demonstration that is offered to him on the facts investigated.

3. Conduct ex officio investigations.

4. Request information or documentation to the agencies of the National Intelligence System, which must be supplied within the time frames established by the commission. If necessary, the Commission shall request the Bicameral Commission for the Control of Intelligence Agencies and Activities, any information it considers relevant and relevant to the investigation.

5. Conduct secret and/or reserved meetings, at the request of most members of the commission.

6. Request national and/or provincial public bodies, universities and scientific institutions to carry out expertise and/or technical studies related to the purpose of research.

7. Requiring technical advice to regional and international bodies, specialized in the field, prioritizing the request for cooperation to the countries that are members of the UNASUR South American Defense Council.

8. Issue opinions and reports with recommendations to the National Executive and the Congress of the Nation.

9. Complain to the Judiciary any act or omission, arising from the investigation, which may constitute unlawful.

10. Carry out any other action that assists the progress of the investigation, provided that it proceeds within the framework of article 1 of this Act and does not correspond exclusively to the judiciary.

ARTICLE 5. The Bicameral Commission may access documents and secret information concerning the disappearance, search and rescue operations of Submarine ARA San Juan in the same terms and with the same powers attributed to the Bicameral Commission for the Control of Intelligence Agencies and Activities, in Law 25.520 and its amended Law 27.126.

ARTICLE 6. Members of the Bicameral Commission as well as members of the body of designated specialists and collaborators, regardless of the formal link they establish with it, who access the knowledge of information and documentation to which they have access in compliance with the object of this law, shall keep strict secrecy and confidentiality of the proceedings.

No violation of the obligation of secrecy and confidentiality shall be considered:

(a) The provision of information and documentation obtained in compliance with the object of the commission to the judicial authorities;

(b) The free exchange of information between the members of the commission and its collaborators whatever the formal link they establish with it;

(c) Public dissemination of the reports and conclusions of the commission.

ARTICLE 7. The Commission Bicameral Investigator will have special consideration for the requests and requirements of the family members of the crew regarding the investigation, study and analysis of the disappearance, search and rescue actions of the vessel. They may participate as observers in the meetings of the Special Investigative Commission, except for those declared secret and/or reserved.

ARTICLE 8. The Bicameral Investigative Commission will conclude its task with a (1) Final Report that must be produced within a period not exceeding one year from its formation. If necessary, and by a decision of the majority of its members, its functioning may be extended to a term not exceeding the year. Both partial and final reports will be mandatory.

The final report should contain, at a minimum, an opinion on the following matters:

1. Determination of the possible causes that caused the disappearance of the ship.

2. Performance of the commands of the Argentine Navy.

3. Performance of the authorities of the Ministry of Defence.

4. Analysis of the actions suggested were adopted by the command of the submarine unit.

5. Conditions of maintenance of the ship prior to the authorization of the mission, detailing the existence of breakdowns or technical failures.

6. Detail of the mission entrusted to the submarine and the development thereof, including the detailed report of the communications, during the journey.

7. Complete list of the crew on board and detail of the functions performed by each crew member.

8. Analysis of the training conditions of the submarine crew.

9. Analysis of measures taken in relation to family members.

10. Evaluation of the implementation of the procedures and protocols of the International Convention on Maritime Search and Rescue (SAR Convention).

ARTICLE 9 The Commission shall issue its rules of procedure and shall operate within the scope of the Congress of the Nation, which shall provide the necessary technical and administrative personnel and the corresponding budget for the normal functioning of it.

In order to fulfil its mission, it may request the National Executive to designate military personnel to assist it. Members of the commission shall have the status of fees and shall be refunded the expenses incurred in the exercise of their function.

ARTICLE 10. Contact the national executive branch.



MARTA G. MICHETTI. - EMILIO MONZO. - Eugene Inchausti. ā€” Juan P. Tunessi.

e. 15/01/2018 No. 2377/18 v. 15/01/2018